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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE GLOVER, Appellant.

Ordered that the judgment is affirmed.

The credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record ( see People v Tandle, 71 AD3d 1176, 1178; People v Glenn, 53 AD3d 622, 623-624; People v Edwards, 29 AD3d 818). Here, the record supports the hearing court's determination to credit a police officer's testimony that he observed the defendant make a right turn without signaling, which justified the initial stop of his vehicle for a traffic infraction ( see Vehicle and Traffic Law § 1163 [a]; People v Edwards, 14 NY3d 741, 742; People v Leiva, 33 AD3d 1021, 1022; People v Parris, 26 AD3d 393, 394). Upon approaching the vehicle, the police detected a strong odor of marijuana emanating from it. Additionally, in response to an investigatory question, the defendant admitted that he was in possession of a gun and had marijuana in the glove compartment ( see People v Hardy, 77 AD3d 133, 141). Under these circumstances, the police had probable cause to search both the vehicle and the defendant ( see People v Hughes, 68 AD3d 894, 895; People v Parris, 26 AD3d at 394). Accordingly, the hearing court properly denied the suppression of physical evidence and the defendant's statements to law enforcement officials.

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PEOPLE v. GLOVER
(May 10, 2011)